Legal Opinion
Belveal v. Rambo
Court of Criminal Appeals of Oklahoma
Decided July 21, 1971No. A-16777PublishedCited by 8 opinions
1Opinion of the Court
NIX, Judge:
This is an original proceeding for issuance of an alternative writ of prohibition to direct Respondent to dismiss Cleveland County Case Nos. CRF-70-S18 and CRF-70-550, and to prohibit further prosecution on these charges of unlawful sale of marihuana and barbiturates.
Petitioner claims that after trial had begun on these two cases, being tried together, the trial court discontinued the trial and set trial for another date without accused’s consent, thus constituting a former jeopardy bar to further prosecution. The State contends jeopardy has not attached.
As to a jury trial, before…
2Cases cited8 opinions
- Cornero v. United StatesCourt of Appeals for the Ninth Circuit · 1931
- McCarthy v. ZerbstCourt of Appeals for the Tenth Circuit · 1936
- Clawans v. RivesCourt of Appeals for the D.C. Circuit · 1939
- Allen v. StateSupreme Court of Florida · 1906
- Hunter v. WadeCourt of Appeals for the Tenth Circuit · 1948
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. O'KEEFENew Jersey Superior Court Appellate Division · 1975
- State v. CarsonCourt of Criminal Appeals of Oklahoma · 1973
- State ex rel. Fallis v. VestremCourt of Criminal Appeals of Oklahoma · 1974
- State v. HollowayCourt of Criminal Appeals of Oklahoma · 1973
- State v. AndersonCourt of Criminal Appeals of Oklahoma · 1973
3 more not listed; retrieve them via the Exa API.